IOth Congress, i HOUSE OF REPRESENTATIVES, j Report 
M Session. \ \ No. 2018. 



SALE OF TIMBER ON ALLOTTED INDIAN LANDS. 



February 2, 1909. — Referred to the House Calendar and ordered to be printed. 



lr. Marshall, from the Committee on Indian Affairs, submitted the 

following 

REPORT. 

[To accompany S. 4548.] 

The Committee on Indian Affairs, to whom was referred the bill 

(S. 4548) to provide for the sale of timber on allotted Indian lands, and 
or other purposes, having had the same under consideration, recom- 
mend that the same do pass. 

It seems that there is no general law under which timber on allotted 
'ndian lands can be sold. The result is that a great deal of timber is 
vasted which otherwise could be made to produce a good return to the 
Indians under proper regulations. This bill simply applies to allotted 
ands and such sales to be made with the consent of the Secretary and 
mder such regulations as he may prescribe. Where the Indian holds 
ais allotment with restrictions on alienation he can no more sell the 
;imber than he can the land because the timber is a part thereof. 

Following is the report on this bill by the Senate Committee on 
"ndian Affairs and shows that this legislation has the hearty approval 
f the Secretary of the Interior: 

[Senate Report No. 175. Sixtieth Congress, first session.] 

The Committee on Indian Affairs, to whom was referred the bill (S. 4548) to pro- 
vide '"for the sale l 3f timber on allotted and unallotted Indian land, and for other 
mrposes, having had the same under consideration, begs leave to report the same 
avorably and recommends that the same do pass with the following amendment: 
On page 2 strike out line3 3 to 7, inclusive. 

The necessities for the proposed legislation are set forth in the accompanying com- 
nunication of the Secretary of the Interior, which is herewith submitted and made 
i part of this report. 



Department of the Interior, 

Washington, December 9, 1907. 
Sir: I have the honor to submit for the consideration of Congress a draft of bill to 
authorize the sale of timber on allotted or unallotted lands within Indian reserva- 
tions, and for other purposes. 



IER ON 



2 



SALE OF TIMB: 



ALLOTTED INDIAN LANDS. 



There is no general law under which authority for the sale of timber on Indian 
lands, whether allotted or unallotted, can be granted except the act of February 16, 
1889 (25 Stat. L., 673), under which the President may authorize the sale of dead 
timber, standing or fallen, on Indian reservations or allotments. The provision in 
the act of April 21, 1^04 (33 Stat. L., 189), empowers the Secretary of the Interior 
to authorize the sale of timber on allotments within the State of Minnesota, and the 
President has authority under the treaty of September 30, 1854 (10 Stat. L., 1109), 
to permit Indians who were parties to the treaty to cut timber from their allotments. 

It is considered by this department that there should be a general law applicable 
to all Indian reservations and allotments, and I have the honor to recommend that 
the draft of bill herewith receive the favorable consideration of Congress. 
Very respectfully, 



James Rudolph Garfield, 

Secretary. 



The President of the Senate. 



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